Thursday, October 16, 2014

Continuing Legal Education Society Presentation on "Reining in the Rogue Trustee/Executor"

I am going to be speaking at the Continuing Legal Education Society course, Estate Litigation Update - 2014, next week on Thursday, October 23, 2014 at the Pan Pacific Hotel, 999 Canada Place, Vancouver, B.C. the course goes from 9:00 am to 4:00 pm, and is part of a two-day wills, estates and trusts conference beginning Wednesday. My topic will be "Reining in the Rogue Trustee/Executor."

Registration is through the Continuing Legal Education Society of British Columbia.

The agenda is as follows:

Welcome and Introduction
Wills Variation Update
  • recent cases
  • recent trends related to awards of costs
  • WESA transition
  • abatement of settlement
Hugh S. McLellan — McLellan Herbert, Vancouver
When Good Planning is not Enough
  • when is a good estate plan no longer “bullet proof”
  • strategies to set aside estate plans to disinherit
  • Mordo, Mawdsley and Easingwood  issues
Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver  
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Networking Break
Mediation/Arbitration/Settlement Conferences
  • using the best process in the appropriate case
  • preparation for the proceeding
  • promoting a consent resolution—what works
  • documenting the settlement
The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Roger D. Lee — Davis LLP, Vancouver
Solicitor-Client Privilege—What Does that Mean in Estate Litigation
  • how to secure a lawyer’s file in estate litigation
  • who holds the privilege and who can waive it
  • what attack can be made when the file is released
Scott Cordell — Killam Cordell Murray, Vancouver
Networking Lunch 
Rectification of Trusts and Wills
  • how can applications for rectification be made
  • the applicable law—when it works and when it doesn’t
  • other options
Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver
Ian Worland — Legacy Tax + Trust Lawyers, Vancouver
Reining in the Rogue Trustee/Executor
  • what conduct warrants removal or other relief
Stanley T. Rule — Sabey Rule LLP, Kelowna
Using Unjust Enrichment as a Remedy in Estate Litigation
  • current state of the law
  • when is this remedy most effective to plead
  • elements of unjust enrichment
  • joint family ventures after Kerr v. Baronow 2011 SCC 10
Andrew S. MacKay — Alexander Holburn Beaudin + Lang LLP, Vancouver
Networking Break
The Family Law Act in Trust and Estate Litigation
  • the interplay between the FLA and WESA
    • loss of estate rights upon spousal separation
    • what constitutes separation
  • “family violence” under the FLA: a new tool in relation to vulnerable adults?
Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver
Protecting Vulnerable Adults
  • the PGT’s role
  • the new provisions under the Adult Guardianship Act
  • available community resources
Leanne Dospital — Regional Manager, Services to Adults, Public Guardian and Trustee of BC, Vancouver
Sarah Watson — Solicitor to the Public Guardian and Trustee, Services to Adults, Public Guardian and Trustee of BC, Vancouver

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